GENERAL
This provision sets who counts as an institution and head, and sets rules for record access, fees, retention, and research-use confidentiality.
- Jurisdiction
- Canada — Ontario
- Instrument
- Regulation
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This page preserves the statute’s identified version, provision structure, official source link, and stored legal text for reading and research.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of GENERAL
Showing 1 of 1
- § Verify source ↗
GENERAL
This provision sets who counts as an institution and head, and sets rules for record access, fees, retention, and research-use confidentiality.
1. (1) The agencies, boards, commissions, corporations and other bodies listed in Column 1 of the Schedule are designated as institutions. R.R.O. 1990, Reg. 460, s. 1 (1). (2) The person occupying the position listed in Column 2 of the Schedule opposite to each institution listed in Column 1 is designated as the head of that institution. R.R.O. 1990, Reg. 460, s. 1 (2). 2. A record capable of being produced from machine readable records is not included in the definition of “record” for the purposes of the Act if the process of producing it would unreasonably interfere with the operations of an institution. R.R.O. 1990, Reg. 460, s. 2. 3. (1) A head who provides access to an original record must ensure the security of the record. R.R.O. 1990, Reg. 460, s. 3 (1). (2) A head may require that a person who is granted access to an original record examine it at premises operated by the institution. R.R.O. 1990, Reg. 460, s. 3 (2). (3) A head shall verify the identity of a person seeking access to his or her own personal information before giving the person access to it. R.R.O. 1990, Reg. 460, s. 3 (3). 4. (1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected. R.R.O. 1990, Reg. 460, s. 4 (1). (2) Every head shall ensure that only those individuals who need a record for the performance of their duties shall have access to it. R.R.O. 1990, Reg. 460, s. 4 (2). (3) Every head shall ensure that reasonable measures to protect the records in his or her institution from inadvertent destruction or damage are defined, documented and put in place, taking into account the nature of the records to be protected. R.R.O. 1990, Reg. 460, s. 4 (3). 5. (1) An institution that uses personal information shall retain the information for at least one year after use, except if, (a) the individual to whom the information relates consents to its earlier disposal; or (b) the information is credit or debit card payment data. O. Reg. 123/15, s. 1. (2) Despite subsection (1), an institution that uses personal information that is contained in a telecommunication logger tape in the custody or under the control of the institution shall retain the information for at least 45 days after use, except if the individual to whom the information relates consents to its earlier disposal. O. Reg. 123/15, s. 1. 5.1 A head of an institution that receives a request for access to a record or personal information shall conclude that the request is frivolous or vexatious if, (a) the head is of the opinion on reasonable grounds that the request is part of a pattern of conduct that amounts to an abuse of the right of access or would interfere with the operations of the institution; or (b) the head is of the opinion on reasonable grounds that the request is made in bad faith or for a purpose other than to obtain access. O. Reg. 21/96, s. 1. 5.2 The fee that shall be charged for the purposes of clause 24 (1) (c) or 48 (1) (c) of the Act shall be $5. O. Reg. 21/96, s. 1. 5.3 (1) For the purposes of subsection 50 (1.1) of the Act, the fee payable for appealing a decision of a head to the Commissioner shall be, (a) $25, if the person appealing has made a request for access to a record under subsection 24 (1); (b) $10, if the person appealing has made a request for access to personal information under subsection 48 (1); and (c) $10, if the person appealing has made a request for correction of personal information under subsection 47 (2). O. Reg. 21/96, s. 1. (2) For the purposes of subsection 50 (1.1) of the Act, no fee is payable for appealing a decision of a head to the Commissioner if the person appealing is given notice of a request under subsection 28 (1) of the Act. O. Reg. 21/96, s. 1. 6. The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to a record: 1. For photocopies and computer printouts, 20 cents per page. 2. For records provided on digital storage devices, $10 for each digital storage device. 3. For manually searching a record, $7.50 for each 15 minutes spent by any person. 4. For preparing a record for disclosure, including severing a part of the record, $7.50 for each 15 minutes spent by any person. 5. For developing a computer program or other method of producing a record from machine readable record, $15 for each 15 minutes spent by any person. 6. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the record if those costs are specified in an invoice that the institution has received. O. Reg. 21/96, s. 2; O. Reg. 92/07, s. 1; O. Regs. 38/26, s. 2. 6.1 The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to personal information about the individual making the request for access: 1. For photocopies and computer printouts, 20 cents per page. 2. For records provided on digital storage devices, $10 for each digital storage device. 3. For developing a computer program or other method of producing the personal information requested from machine readable record, $15 for each 15 minutes spent by any person. 4. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the personal information requested if those costs are specified in an invoice that the institution has received. O. Reg. 21/96, s. 2; O. Reg. 92/07, s. 2; O. Reg. 38/26, s. 3. 7. (1) If a head gives a person an estimate of an amount payable under the Act and the estimate is $100 or more, the head may require the person to pay a deposit equal to 50 per cent of the estimate before the head takes any further steps to respond to the request. O. Reg. 21/96, s. 3. (2) A head shall refund any amount paid under subsection (1) that is subsequently waived. R.R.O. 1990, Reg. 460, s. 7 (2). 8. The following are prescribed as matters for a head to consider in deciding whether to waive all or part of a payment required to be made under the Act: 1. Whether the person requesting access to the record is given access to it. 2. If the amount of a payment would be $5 or less, whether the amount of the payment is too small to justify requiring payment. R.R.O. 1990, Reg. 460, s. 8. 9. If a person is required to pay a fee for access to a record, the head may require the person to do so before giving the person access to the record. R.R.O. 1990, Reg. 460, s. 9. 10. (1) The following are the terms and conditions relating to security and confidentiality that a person is required to agree to before a head may disclose personal information to that person for a research purpose: 1. The person shall use the information only for a research purpose set out in the agreement or for which the person has written authorization from the institution. 2. The person shall name in the agreement any other persons who will be given access to personal information in a form in which the individual to whom it relates can be identified. 3. Before disclosing personal information to other persons under paragraph 2, the person shall enter into an agreement with those persons to ensure that they will not disclose it to any other person. 4. The person shall keep the information in a physically secure location to which access is given only to the person and to the persons given access under paragraph 2. 5. The person shall destroy all individual identifiers in the information by the date specified in the agreement. 6. The person shall not contact any individual to whom personal information relates, directly or indirectly, without the prior written authority of the institution. 7. The person shall ensure that no personal information will be used or disclosed in a form in which the individual to whom it relates can be identified without the written authority of the institution. 8. The person shall notify the institution in writing immediately if the person becomes aware that any of the conditions set out in this section have been breached. R.R.O. 1990, Reg. 460, s. 10 (1). (2) An agreement relating to the security and confidentiality of personal information to be disclosed for a research purpose shall be in the form titled “Security and Confidentiality Agreement of Personal Information for Research Purposes”, dated May 1, 2016 and available on the Government of Ontario’s Central Forms Repository website. O. Reg. 171/16, s. 1. 11. A request for access to a record under Part II of the Act or for access to or correction of personal information under Part III of the Act shall be in a written form that specifies that it is a request made under the Act. O. Reg. 34/11, s. 2. Schedule Item Column 1 Institution Column 2 Head 1. Accessibility Standards Advisory Council Minister for Seniors and Accessibility 2. Agricorp Chair of the Board 3. Agricultural Research and Innovation Ontario Minister of Agriculture, Food and Agribusiness 4. Agriculture, Food and Rural Affairs Appeal Tribunal Minister of Agriculture, Food and Agribusiness 5. Alcohol and Gaming Commission of Ontario Chief Executive Officer 6. Algoma University Executive Head 7. Algonquin Forestry Authority Chair 8. Animal Care Review Board Executive Chair, Tribunals Ontario 9. Assessment Review Board Executive Chair, Tribunals Ontario 10. Big Game Management Advisory Committee Minister of Natural Resources 11. Brock University Executive Head 12. Building Code Commission Minister of Municipal Affairs and Housing 13. Building Materials Evaluation Commission Minister of Municipal Affairs and Housing 14. Building Ontario Fund Minister of Finance 15. Business Risk Management Review Committee Minister of Agriculture, Food and Agribusiness 16. Carleton University Executive Head 17. The Centennial Centre of Science and Technology Minister of Tourism, Culture and Gaming 18. Centralized Supply Chain Ontario Chief Executive Officer 19. Child and Family Services Review Board Executive Chair, Tribunals Ontario 20. Colleges of Applied Arts and Technology Chair of the Board 21. Committee on the Status of Species at Risk in Ontario Minister of the Environment, Conservation and Parks 22. Committee to Evaluate Drugs Minister of Health 23. Consent and Capacity Board Minister of Health 24. Crown Employees Grievance Settlement Board Minister of Labour, Immigration, Training and Skills Development 25. Custody Review Board Executive Chair, Tribunals Ontario 26. Death Investigation Oversight Council Solicitor General 27. Destination Ontario Minister of Tourism, Culture and Gaming 28. Education Quality and Accountability Office Chair 29. Education Relations Commission Minister of Education 30. Financial Services Regulatory Authority of Ontario Chief Executive Officer 31. Financial Services Tribunal Minister of Finance 32. Fire Safety Commission Executive Chair, Tribunals Ontario 33. Fish and Wildlife Heritage Commission Minister of Natural Resources 34. French Language Health Services Advisory Council Minister of Health 35. Grain Financial Protection Board Minister of Agriculture, Food and Agribusiness 36. Greenbelt Council Minister of Municipal Affairs and Housing 37. Health Professions Appeal and Review Board Minister of Health 38. Health Services Appeal and Review Board Minister of Health 39. Higher Education Quality Council of Ontario Chair 40. Human Rights Legal Support Centre Chair 41. Human Rights Tribunal of Ontario Executive Chair, Tribunals Ontario 42. iGaming Ontario President and Chief Executive Officer 43. Independent Electricity System Operator Chief Executive Officer 44. Intellectual Property Ontario Chair of the board 45. Investment Advisory Committee of the Public Guardian and Trustee Attorney General 46. Invest Ontario Minister of Economic Development, Job Creation and Trade 47. Justices of the Peace Remuneration Commission President of the Treasury Board 48. Labour-Management Advisory Committee Minister of Labour, Immigration, Training and Skills Development 49. Lakehead University Executive Head 50. Landlord and Tenant Board Executive Chair, Tribunals Ontario 51. Languages of Instruction Commission of Ontario Minister of Education 52. Laurentian University of Sudbury Executive Head 53. Law Enforcement Complaints Agency Complaints Director 54. Legal Aid Ontario President of Legal Aid Ontario 55. Licence Appeal Tribunal Executive Chair, Tribunals Ontario 56. Liquor Control Board of Ontario President and Chief Executive Officer 57. Livestock Financial Protection Board Minister of Agriculture, Food and Agribusiness 58. McMaster University Executive Head 59. McMichael Canadian Art Collection Chief Executive Officer 60. Metrolinx Chief Executive Officer 61. Metropolitan Toronto Convention Centre Corporation President and Chief Executive Officer of the Corporation 62. Minister’s Advisory Council on Special Education Minister of Education 63. Nawiinginokiima Forest Management Corporation Minister of Natural Resources 64. Niagara Escarpment Commission Minister of Natural Resources 65. Niagara Parks Commission Chair of the Commission 66. Nipissing University Executive Head 67. Normal Farm Practices Protection Board Minister of Agriculture, Food and Agribusiness 68. Northern Ontario Grow Bonds Corporation Chair of the Board of Directors 69. Northern Ontario Heritage Fund Corporation Minister of Northern Economic Development and Growth 70. Northern Ontario School of Medicine University Executive Head 71. Office for Victims of Crime Attorney General 72. Office of the Employer Adviser Minister of Labour, Immigration, Training and Skills Development 73. Office of the Fairness Commissioner Commissioner 74. Office of the Worker Adviser Minister of Labour, Immigration, Training and Skills Development 75. Ontario Advisory Committee on HIV/AIDS Minister of Health 76. Ontario Agency for Health Protection and Promotion Chief Executive Officer 77. Ontario Arts Council Director and Chief Executive Officer 78. Ontario Cannabis Retail Corporation President and Chief Executive Officer 79. Ontario Civilian Police Commission Executive Chair, Tribunals Ontario 80. Ontario Clean Water Agency Chair 81. Ontario College of Art & Design University Executive Head 82. Ontario Creates Minister of Tourism, Culture and Gaming 83. Ontario Electricity Financial Corporation Chief Executive Officer 84. Ontario Energy Board Chair 85. Ontario Farm Products Marketing Commission Minister of Agriculture, Food and Agribusiness 86. Ontario Financing Authority Minister of Finance 87. Ontario Food Terminal Board Chair of the Board 88. Ontario Geographic Names Board Minister of Natural Resources 89. Ontario Health Chair of the Board 90. Ontario Health atHome Chief Executive Officer 91. Ontario Heritage Trust Minister of Citizenship and Multiculturalism 92. Ontario Honours Advisory Council Minister of Citizenship and Multiculturalism 93. Ontario Human Rights Commission Chief Commissioner 94. Ontario Infrastructure and Lands Corporation Chief Executive Officer 95. Ontario Internal Audit Committee President of the Treasury Board 96. Ontario Labour Relations Board Minister of Labour, Immigration, Training and Skills Development 97. Ontario Land Tribunal Chair 98. Ontario Lottery and Gaming Corporation President and Chief Executive Officer 99. Ontario Mental Health Foundation Chair 100. Ontario Northland Transportation Commission Chair of the Commission 101. Ontario Parks Board of Directors Minister of the Environment, Conservation and Parks 102. Ontario Parole Board Executive Chair, Tribunals Ontario 103. Ontario Place Corporation Minister of Tourism, Culture and Gaming 104. Ontario Police Arbitration and Adjudication Commission Solicitor General 105. Ontario Power Generation Inc. Chief Executive Officer 106. Each subsidiary (as defined in subsection 2 (1) of the Electricity Act, 1998) of Ontario Power Generation Inc. Chief Executive Officer of the subsidiary 107. Ontario Research Fund Advisory Board Minister of Colleges, Universities, Research Excellence and Security 108. Ontario Review Board Chair of the Board 109. Ontario Securities Commission Chair 110. Ontario Special Education Tribunal (English) Executive Chair, Tribunals Ontario 111. Ontario Special Education Tribunal (French) Executive Chair, Tribunals Ontario 112. Ontario Trillium Foundation Chief Executive Officer 113. The Order of Ontario Advisory Council Chief Justice of Ontario 114. Ornge, incorporated under the Canada Corporations Act on October 8, 2004 as Ontario Air Ambulance Services Co. Chair of the board of directors 115. Ottawa Convention Centre Corporation President 116. Owen Sound Transportation Company Limited President 117. Pay Equity Commission Minister of Labour, Immigration, Training and Skills Development 118. Pay Equity Hearings Tribunal Minister of Labour, Immigration, Training and Skills Development 119. Post-secondary Education Quality Assessment Board Minister of Colleges, Universities, Research Excellence and Security 120. Prevention Council Minister of Labour, Immigration, Training and Skills Development 121. Provincial Advisory Committee on Francophone Affairs Minister of Francophone Affairs 122. Provincial Judges Pension Board President of the Treasury Board 123. Provincial Schools Authority Minister of Education 124. Public Guardian and Trustee Attorney General 125. Public Service Commission Chair 126. Public Service Grievance Board Minister of Labour, Immigration, Training and Skills Development 127. Queen’s University at Kingston Executive Head 128. Rabies Advisory Committee Minister of Natural Resources 129. Royal Ontario Museum Chair of the Board 130. Rural Economic Development Advisory Panel Minister of Rural Affairs 131. Science North Chief Executive Officer 132. Skilled Trades Ontario Chair of the board of directors 133. Social Benefits Tribunal Executive Chair, Tribunals Ontario 134. Soldiers Aid Commission Minister of Children, Community and Social Services 135. Special Investigations Unit Director 136. Species at Risk Program Advisory Committee Minister of the Environment, Conservation and Parks 137. St. Lawrence Parks Commission Minister of Tourism, Culture and Gaming 138. Temagami Forest Management Corporation Minister of Natural Resources 139. Toronto Metropolitan University Executive Head 140. Toronto Organizing Committee for the 2015 Pan American and Parapan American Games Minister of Sport 141. Trent University Executive Head 142. Université de Hearst Executive Head 143. Université de l’Ontario français Executive Head 144. University of Guelph Executive Head 145. University of Ontario Institute of Technology Executive Head 146. University of Ottawa Executive Head 147. University of Toronto Executive Head 148. The University of Waterloo Executive Head 149. The University of Western Ontario Executive Head 150. University of Windsor Executive Head 151. Venture Ontario Minister of Economic Development, Job Creation and Trade 152. Walkerton Clean Water Centre Chief Executive Officer 153. Wilfrid Laurier University Executive Head 154. Workplace Safety and Insurance Appeals Tribunal Minister of Labour, Immigration, Training and Skills Development 155. Workplace Safety and Insurance Board Chair of the Board 156. York University Executive Head O. Reg. 38/26, s. 1. FORM 1 Revoked: O. Reg. 171/16, s. 3. Form 2 Revoked: O. Reg. 34/11, s. 5.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
GENERAL
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.